IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140017422 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the spouse of a deceased former service member (FSM), requests the award of the National Defense Service Medal and the Vietnam Service Medal for the FSM's service in Thailand between 1962 and 1963.

2.  The applicant states the requested awards were created after the FSM was discharged.

3.  The applicant provides:

* a letter, dated 24 September 2014, from the National Personnel Records Center (NPRC) with a Standard Form 180 attached
* death certificate
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter, dated 6 May 1966, from the Chief, Personnel Operations, U.S. Army
* 2AA Form 517 (Debriefing Statement on Security of Defense Information), dated 26 July 1963
* documents related to the FSM's discharge due to a disabling physical condition (narrative summary detailing military and medical history as well as results of physical examination)
* FSM's request for discharge, dated 1 July 1963
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* DD Form 47 (Record of Induction)
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM was inducted into the Army of the United States on 31 May 1962.  After completing initial training, he was awarded military occupational specialty 941.10 (Cook).  The highest rank/pay grade held was private first class/E-3.

3.  Available records show, on or about 7 November 1962, while serving in Thailand the FSM developed a medical condition (a locking sensation in his right elbow) which required him to be sent back to the U.S. for a medical evaluation.  On or about 17 June 1963, he was admitted to the Valley Forge General Hospital, PA.  

4.  On 1 July 1963, the FSM requested discharge for physical disability.  A medical evaluation board (MEB) was conducted and the MEB determined his medical condition existed prior to service and made him unfit for continued military service.  The MEB's findings were approved on 17 July 1963.

5.  The FSM was honorably discharged on 26 July 1963.  His DD Form 
214 shows he completed 1 year, 1 month, and 26 days of net active creditable service.  The reason and authority shown is paragraph 33 (Separation for Physical Disability which Existed Prior to Entry on Active Service), Army Regulation 635-40A (Personnel Separations - Physical Evaluation for Retention, Separation, or Retirement for Physical Disability) - physical disability.  He was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The DA Form 24, Section 4 (Chronological Record of Military Service), shows the FSM maintained conduct and efficiency ratings of good and excellent throughout his military service.  His record contains no derogatory information.

7. Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974 (emphasis added).

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973 (emphasis added).  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  For the first award only, a period of continuous enlisted active Federal military service qualifies for award when, on or after 27 June 1950, that service was terminated after more than 1 year, but less than 3 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM be awarded the National Defense Service Medal and the Vietnam Service Medal.

2.  The FSM appears to meet the requirements for the award of the National Defense Service Medal.  He had qualifying service meeting the award's criteria and his service was honorable.  His DD Form 214 should be amended to show this award.  

3.  He does not qualify for the Vietnam Service Medal and his DD Form 214 should not be corrected to reflect this award.  Qualifying service must have been performed between 3 July 1965 and 28 March 1973.  The FSM had already departed Thailand by May 1963.  

4.  The FSM appears to be eligible for the Army Good Conduct Medal and this award should be added to his DD Form 214.  He meets the requisite qualifications:

* he served honorably after 27 June 1950
* his service was more than 1 year; but less than 3 years
* he maintained good and excellent conduct and efficiency ratings
* there is no derogatory information in his record

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Awarding the FSM the Army Good Conduct Medal (1st Award) for the period 31 May 1962 to 26 July 1963.

	b.  Adding to the FSM's DD Form 214, for the period ending 26 July 1963, the following awards:

* Army Good Conduct Medal
* National Defense Service Medal









2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends
denial of so much of the application that pertains to award of the Vietnam Service Medal.  



      __________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140017422



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ABCMR Record of Proceedings (cont)                                         AR20140017422



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